THE COUNCIL ,
HAVING REGARD to Article 5 b) of the Convention on the Organisation for Economic Co-operation and Development of 14 December 1960;
HAVING REGARD to the Recommendation of the Council concerning Structural Separation in Regulated Industries [ OECD/LEGAL/0310 ], the Recommendation of the Council for Enhanced Access and More Effective Use of Public Sector Information [ OECD/LEGAL/0362 ], the Declaration for the Future of the Internet Economy (The Seoul Declaration) [ OECD/LEGAL/0366 ], the Declaration on Green Growth [ OECD/LEGAL/0374 ], the Recommendation of the Council on Information and Communication Technologies and the Environment [ OECD/LEGAL/0380 ], the Recommendation of the Council on Principles for Internet Policy Making [ OECD/LEGAL/0387 ], the Recommendation of the Council on International Mobile Roaming Services [ OECD/LEGAL/0388 ], the Recommendation of the Council on Regulatory Policy and Governance [ OECD/LEGAL/0390 ], the Recommendation of the Council on Consumer Policy Decision Making [ OECD/LEGAL/0403 ], the Recommendation of the Council on Digital Security Risk Management for Economic and Social Prosperity [ OECD/LEGAL/0415 ], the Recommendation of the Council on Consumer Protection in E-commerce [ OECD/LEGAL/0422 ], the Declaration on the Digital Economy: Innovation, Growth and Social Prosperity (Cancún Declaration) [ OECD/LEGAL/0426 ], the Recommendation of the Council on Artificial Intelligence [ OECD/LEGAL/0449 ], and the Recommendation of the Council on Digital Security of Critical Activities [ OECD/LEGAL/0456 ];
RECOGNISING the importance of connectivity for the digital transformation, the promotion of equal opportunities for all, the need for policies supporting access to ubiquitous deployment and use of broadband infrastructure and services, as well as the promotion of effective competition among economic actors;
RECOGNISING that governments and regulatory authorities have an important role to play in spurring connectivity;
RECOGNISING the importance of effective competition, increased investment, a sound institutional framework, and the primary role of the private sector in providing connectivity;
RECOGNISING the positive and negative impact of communication networks and services on the environment;
RECOGNISING the importance of connectivity, digital inclusion, network capacity and resilience to mitigate the impact of emergency situations, such as the Covid-19 pandemic;
RECOGNISING that such ambitious goals have to be met in a timely manner, while involving a wide and diverse range of stakeholders;
On the proposal of the Committee on Digital Economy Policy:
I. RECOMMENDS that Members and non-Members having adhered to this Recommendation (hereafter the “Adherents”) foster competition, investment, and innovation in broadband development by:
1. Promoting competition in all markets for high-capacity network infrastructures and services with non-discriminatory policies to expand and achieve end user choice for connectivity at competitive prices capable of supporting modern applications.
2. Considering policies, including voluntary network sharing, co-investment, or open access, that under certain local circumstances and market structures may enhance competition.
3. Implementing policies that encourage investment in resilient and scalable infrastructure, increased network coverage and high-capacity networks, thereby facilitating the availability of broadband services.
4. Developing policies and regulations that are non-discriminatory and designed to foster innovation and expand end-user choice among competing technologies and services.
5. Supporting innovation, research, and development to improve connectivity, its use, and its applications.
6. Developing processes and fostering multi-stakeholder dialogue that includes consumers, network operators, government at national and sub-national levels, and regulatory authorities, in particular when facilitating the phase out of legacy networks, ensuring that the views of all stakeholders are properly considered.
7. Adopting and implementing robust legal and regulatory frameworks for connectivity in which decisions are made in an independent, impartial, objective (evidence- and knowledge-based), proportionate, and consistent manner and periodically reviewing those frameworks to ensure their continued adequacy and appropriateness and identify improvements where necessary.
II. RECOMMENDS that Adherents take measures to eliminate digital divides and reduce barriers to broadband deployment by:
1. Promoting access for all and fostering the adoption and effective use of advanced broadband services at affordable prices, accessible for everyone, including all locations, genders, abilities, and socio-economic circumstances. This should include promoting programmes for low-income and other non-adopting households.
2. Taking timely measures to close gaps in unserved and underserved areas or demographics which are not being adequately addressed while striving to avoid distorting competition, for example through promoting demand aggregation in rural and remote areas.
3. Strengthening consumer rights and increasing consumer choice by eliminating information asymmetries, enhancing competition in the communication services markets, and ensuring consumers are empowered in their relationships with providers of communication services through mechanisms such as fairness in contract terms, the availability of dispute resolution procedures, and regulatory supervision.
4. Reducing barriers to broadband deployment through regulation and policies to enable infrastructure investment, while safeguarding competition and investment incentives, such as:
a. simplified licensing procedures, streamlined access to rights of way and public infrastructure and permits for network construction;
b. facilitating access to passive infrastructure; and
c. incentivising communication network operators to co-operate in network development activities involving civil construction works in order to minimise costs, disruption, and environmental impacts.
5. Taking measures to support efficient, transparent, and predictable spectrum management, guided by long-term societal and economic benefits. These measures may include best practice competitive allocation processes, spectrum sharing and other innovative approaches.
6. Promoting and investing in the improvement of digital skills to enable the effective use of broadband services by citizens of all incomes, ages, genders, and abilities. This should include facilitating the development of locally relevant and easy-to-use applications and content to increase usage and demand.
III. RECOMMENDS that Adherents take measures to ensure resilient, reliable, secure, and high-capacity networks by:
1. Publishing open, verifiable, granular and reliable subscription, coverage and, where available, quality-of-service (QoS) data through periodic reporting, including on persisting network outages, to promote network improvements and inform end-user choice.
2. Promoting measures to ensure the resilience of communication networks, such as network diversity and redundancy, to minimise the risk of network disruption, and evaluating the effectiveness of such measures.
3. Taking measures, including legal measures where necessary, to secure communication networks and make those networks resilient to digital security risk.
IV. RECOMMENDS that Adherents minimise negative environmental impacts of communication networks, by:
1. Supporting and promoting smart and sustainable networks and devices.
2. Encouraging communication network operators to periodically report on their environmental impacts and initiatives taken to improve them and to report on the positive environmental effects of connectivity.
V. RECOMMENDS that Adherents regularly assess the state of connectivity through the collection, analysis, and publication of data on the availability, performance and adoption of connectivity services and infrastructure deployment to determine whether public policy initiatives are appropriate, and whether and how they should be adjusted.
VI. INVITES the Secretary General to disseminate this Recommendation.
VII. INVITES Adherents to disseminate this Recommendation at all levels of government and to relevant regulatory authorities.
VIII. INVITES non-Adherents to take account of and adhere to this Recommendation.
IX. INSTRUCTS the Committee for Digital Economy Policy, through its Working Party for Communication Infrastructures and Services Policy, to:
a. Serve as a forum for exchanging information on connectivity, identifying best practices for policy and regulation, and fostering multi-stakeholder and interdisciplinary dialogue to further effective broadband deployment and adoption and facilitate a global dialogue on broadband metrics, policies, and practices;
b. Collect data and develop indicators on the implementation of this Recommendation as well as the short-, medium-, and long-term, positive and negative environmental impact of communication networks;
c. Provide practical guidance on the implementation of the Recommendation, including for countries at different levels of network development;
d. Review the OECD baseline broadband speed and other quality characteristics on a regular basis to reflect innovation and progress in broadband services;
e. Monitor the benefits brought by connectivity to the least advantaged groups in society and Adherents’ progress in eliminating digital divides; and
f. Report to the Council on the implementation, dissemination, and continued relevance of this Recommendation no later than five years following its adoption and at least every ten years thereafter.